TITLE IIIPARTICULAR PROCUREMENT REGIMES
CHAPTER II Rules governing design contests
Article 78Scope
This Chapter shall apply to:
- (a)
design contests organised as part of a procedure leading to the award of a public service contract;
- (b)
design contests with prizes or payments to participants.
In the cases referred to in point (a) of the first paragraph of this Article, the threshold referred to in Article 4 is calculated on the basis of the estimated value net of VAT of the public service contract, including any possible prizes or payments to participants.
In the cases referred to in point (b) of the first paragraph of this Article, the threshold refers to the total amount of the prizes and payments, including the estimated value net of VAT of the public services contract which might subsequently be concluded under Article 32(4) if the contracting authority has announced its intention to award such contract in the contest notice.
Article 79Notices
1.
Contracting authorities that intend to carry out a design contest shall make known their intention by means of a contest notice.
Where they intend to award a subsequent service contract pursuant to Article 32(4), this shall be indicated in the contest notice.
2.
Contracting authorities that have held a design contest shall send a notice of the results of the contest in accordance with Article 51 and shall be able to prove the date of dispatch.
Where the release of information on the outcome of the contest would impede law enforcement, would be contrary to the public interest or would prejudice the legitimate commercial interests of a particular enterprise, whether public or private, or might prejudice fair competition between service providers, such information may be withheld from publication.
3.
The notices referred to in paragraphs 1 and 2 of this Article shall be published in accordance with Article 51(2) to (6) and Article 52. They shall include the information set out respectively in Annex V parts E and F in the format of the standard forms.
The Commission shall establish the standard forms by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 89(2).
Article 80Rules on the organisation of design contests and the selection of participants
1.
When organising design contests, contracting authorities shall apply procedures which are adapted to the provisions of Title I and this Chapter.
2.
The admission of participants to design contests shall not be limited:
(a)
by reference to the territory or part of the territory of a Member State;
(b)
on the grounds that, under the law of the Member State in which the contest is organised, they would be required to be either natural or legal persons.
3.
Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear and non-discriminatory selection criteria. In any event, the number of candidates invited to participate shall be sufficient to ensure genuine competition.
Article 81Composition of the jury
The jury shall be composed exclusively of natural persons who are independent of participants in the contest. Where a particular professional qualification is required from participants in a contest, at least a third of the members of the jury shall have that qualification or an equivalent qualification.
Article 82Decisions of the jury
1.
The jury shall be autonomous in its decisions or opinions.
2.
The jury shall examine the plans and projects submitted by the candidates anonymously and solely on the basis of the criteria indicated in the contest notice.
3.
The jury shall record its ranking of projects in a report, signed by its members, made according to the merits of each project, together with its remarks and any points that may need clarification.
4.
Anonymity shall be observed until the jury has reached its opinion or decision.
5.
Candidates may be invited, if need be, to answer questions that the jury has recorded in the minutes to clarify any aspect of the projects.
6.
Complete minutes shall be drawn up of the dialogue between jury members and candidates.